Library Materials Amendments

12
53G-6-806
53G-10-801
53G-10-802
53G-10-803
53G-10-804
0
Library Materials Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor:
LONG TITLE
General Description:
This bill enacts provisions related to requirements in a public school library.
Highlighted Provisions:
This bill:
defines terms;
requires a local education agency (LEA) to adopt a policy that governs practices related to:
library development;
collection of library instructional material; and
reconsideration of library instructional material;
allows an individual to submit a request for reconsideration of certain material;
requires a digital resource provider to provide certain services related to library
instructional material;
prohibits an LEA from:
retaliating against educational professionals in certain situations; and
tracking certain student data; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53G-6-806
, as last amended by Laws of Utah 2024, Chapter 21
ENACTS:
53G-10-801
, Utah Code Annotated 1953
53G-10-802
, Utah Code Annotated 1953
53G-10-803
, Utah Code Annotated 1953
53G-10-804
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53G-6-806
is amended to read:
53G-6-806
. Parent portal.
(1)
As used in this section:
(a)
"Parent portal" means the posting the state board is required to provide under this
section.
(b)
"School" means a public elementary or secondary school, including a charter school.
(2)
(a)
The state board shall post information that allows a parent of a student enrolled in
a school to:
(i)
access an LEA's policies required by Sections

:
(A)
53G-9-203
and
;
(B)
53G-9-605
;
and
(C)
53G-10-803
;
(ii)
be informed of resources and steps to follow when a student has been the subject,
perpetrator, or bystander of bullying, cyber-bullying, hazing, retaliation, or
abusive conduct such as:
(A)
resources for the student, including short-term mental health services;
(B)
options for the student to make changes to the student's educational
environment;
(C)
options for alternative school enrollment;
(D)
options for differentiated start or stop times;
(E)
options for differentiated exit and entrance locations; and
(F)
the designated employee for an LEA who addresses incidents of bullying,
cyber-bullying, hazing, retaliation, and abusive conduct;
(iii)
be informed of the steps and resources for filing a grievance with a school or
LEA regarding bullying, cyber-bullying, hazing, or retaliation;
(iv)
be informed of the steps and resources for seeking accommodations under the
Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq
.
;
(v)
be informed of the steps and resources for seeking accommodations under state or
federal law regarding religious accommodations;
(vi)
be informed of the steps and resources for filing a grievance for an alleged
violation of state or federal law, including:
(A)
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d-2000d-4;
(B)
Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681-1688;
(C)
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794; and
(D)
Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec.
12131-12165;
(vii)
receive information about constitutional rights and freedoms afforded to families
in public education;
(viii)
be informed of how to access an internal audit hotline if established by the state
board; and
(ix)
be informed of services for military families.
(b)
In addition to the information required under Subsection
(2)(a)
, the state board:
(i)
shall include in the parent portal:
(A)
the comparison tool created under Section
53G-6-805
;
(B)
school level safety data, including data points described in Section
53E-3-516
;
and
(C)
a link to the public safety portal described in Section
63A-16-1002
; and
(ii)
may include in the parent portal other information that the state board determines
is helpful to parents.
(3)
(a)
The state board shall post the parent portal at a location that
is easily located by a
parent
a parent can easily locate
.
(b)
The state board shall update the parent portal at least annually.
(c)
In accordance with state and federal law, the state board may collaborate with a
third-party to provide safety data visualization in comparison to other states' data.
(4)
An LEA shall annually notify each of the following of how to access the parent portal:
(a)
a parent of a student; and
(b)
a teacher, principal, or other professional staff within the LEA.
Section 2. Section
53G-10-801
is enacted to read:
8. Library Requirements
53G-10-801
. General provisions -- Definitions.
As used in this part:
(1)
"Collection development policy" means a written plan an LEA adopts in accordance
with Section
53G-10-802
guiding selection, removal, and maintenance of a school
library collection.
(2)
"Contracting entity" means the following entities if that entity contracts with a digital
resource provider for digital resources:
(a)
an LEA;
(b)
the state board; or
(c)
UETN.
(3)
(a)
"Digital resource" means a digital or online library resource in a school library
collection.
(b)
"Digital resource" includes:
(i)
a database that aggregates electronic periodical publications;
(ii)
a newspaper;
(iii)
a magazine;
(iv)
an academic or research journal; and
(v)
any other similar, regularly published publication.
(4)
"Digital resource provider" means an entity that offers a digital resource to customers
for license or sale.
(5)
"Instructional material" means the same as that term is defined in Section
53G-10-103
.
(6)
(a)
"Library" means a library an LEA:
(i)
establishes;
(ii)
administers; or
(iii)
controls.
(b)
"Library" does not include a classroom library.
(7)
"Public school" means:
(a)
a district school;
(b)
a charter school; or
(c)
the Utah Schools for the Deaf and the Blind.
(8)
(a)
"Reconsideration" means a process in which school library personnel or a school
governing body reviews specific material in a school library collection due to an
individual's formal request.
(b)
"Reconsideration" includes relocating or removing material from a school library
collection.
(9)
"Relocation" means changing the permanent location of a library material:
(a)
because of the final decision of a reconsideration request; and
(b)
to prevent a student from accessing library material that is not age appropriate.
(10)
(a)
"School library collection" means all material, both physical and digital,
accessible to a student in or through a school library.
(b)
"School library collection" includes:
(i)
books;
(ii)
electronic material;
(iii)
pamphlets;
(iv)
magazines;
(v)
audio or visual material;
(vi)
software;
(vii)
digital resources;
(viii)
subscriptions; and
(ix)
other information accessed online.
(11)
"Sensitive material" means the same as that term is defined in Section
53G-10-103
.
(12)
"Teacher librarian" means a licensed employee with a masters degree or endorsement
in library science assigned to teach at a school.
(13)
"Utah Education and Telehealth Network" or "UETN" means the same as that term is
defined in Section
53H-4-213.1
.
Section 3. Section
53G-10-802
is enacted to read:
53G-10-802
. Library collection and development policy.
(1)
An LEA shall:
(a)
create and adopt a collection development policy that outlines the LEA's library
collection and development practices that is:
(i)
under the direction of the teacher librarian at each school or LEA; and
(ii)
publicly available on the LEA's website or another publicly accessible location;
(b)
ensure that the policy the LEA adopts under Subsection
(1)(a)
is in compliance with
Section
53G-10-103
and establishes the following standards:
(i)
the purpose of library instructional material, services, and digital resources is for:
(A)
the interest and instructional support of students and school personnel; and
(B)
encouraging student appreciation for both informational and recreational
researching, reading, viewing, and listening;
(ii)
library instructional material is not subject to exclusion, removal, or prohibition
from a school library collection solely because of:
(A)
the origin, background, or views of the person who created the instructional
material; or
(B)
partisan, ideological, or religious disapproval;
(iii)
a teacher librarian is responsible for the development and maintenance of a
school's library collection at the school that employs the teacher librarian;
(iv)
library instructional material is for the support of the core standards and interests
of students, staff, and families, taking into account varied:
(A)
interests;
(B)
cultural perspectives;
(C)
age levels;
(D)
ability levels; and
(E)
learning styles; and
(v)
selection of all purchased or donated library instructional material considers the
age appropriateness of the instructional material for the emotional development,
ability level, learning styles, and intellectual development of the students and a
combination of five or more of the following criteria:
(A)
overall purpose and educational significance;
(B)
contribution and relevance to state core standards;
(C)
teacher, parent, or student request;
(D)
accuracy and credibility of the material;
(E)
favorable reviews, recommendations, or awards;
(F)
contribution to a balanced perspective;
(G)
potential appeal and interest;
(H)
recreational reading needs of students;
(I)
artistic quality and literary style;
(J)
reputation and significance of author, producer, or publisher;
(K)
support of a multilingual student;
(L)
support of a special needs student;
(M)
support of advanced learners and students enrolled in college credit earning
courses; or
(N)
merit of the work as a whole;
(c)
create a comprehensive list of each school library collection within the LEA and post
the list to the school's website; and
(d)
revisit and review the LEA's collection development policy at least once every five
years.
(2)
Nothing in this section overrides or negates any provision of state law, including the
prohibition on sensitive material under Section
53G-10-103
.
Section 4. Section
53G-10-803
is enacted to read:
53G-10-803
. Library resources -- Reconsideration policy.
(1)
(a)
An LEA shall create and adopt a policy for reconsideration of material in a school
library collection that:
(i)
outlines the process an LEA creates under Subsection
(2)
for material in a school
library collection to undergo reconsideration based on a request made under
Subsection
(5)
for reasons other than sensitive material
;
(ii)
is available on the parent portal, in accordance with Section
53G-6-806
; and
(iii)
is publicly available on the LEA's website.
(b)
The policy described in Subsection
(1)(a)
operates independently from the policy for
reviewing sensitive material required under Section
53G-10-103
.
(2)
An LEA shall:
(a)
develop a process for reconsideration that includes a mechanism for appealing a
decision regarding removal of material in a school library collection;
(b)
after the material undergoes the process described in Subsection
(2)(a)
and the LEA
deems the material is appropriate for relocation or removal:
(i)
remove library instructional material from the LEA's permanent collection;
(ii)
relocate library instructional material within the LEA's collection to a more
age-appropriate space; or
(iii)
remove access to digital resources at the title, issue, or article level;
(c)
keep material in a school library collection in circulation while reconsideration is
pending;
(d)
maintain a record of:
(i)
each appeal;
(ii)
the final determination after an appeal; and
(iii)
the rationale for the final determination; and
(e)
make records described in Subsection
(2)(d)
available to the public upon request.
(3)
An LEA may not reconsider the same library instructional material more than once
every four years.
(4)
Removal or relocation of library instructional material and removal of access to digital
resources applies only to the school library collection from which the reconsideration
request was filed.
(5)
(a)
A parent of a student enrolled at an LEA, a teacher librarian, or a teacher the LEA
employs may submit a reconsideration request of a material in a school library
collection by signing a form that affirms the individual has reviewed the entirety of
the challenged material.
(b)
An individual who makes three unsuccessful reconsideration requests in a single
academic year may not initiate further reconsideration under this section for the
remainder of that academic year.
(c)
An individual may not request a material in a school library collection be
reconsidered for reasons related to sensitive material under this section.
(6)
(a)
A digital resource provider that aggregates electronic periodical publications to a
contracting entity shall allow removal of a digital resource at the title, issue, or article
level.
(b)
A digital resource provider contracted with a contracting entity to provide a database
containing or providing access to digital periodicals, shall include a mechanism or
tool to remove access to material relocated or removed through reconsideration
without disrupting access to remaining digital library instructional material in the
school library.
Section 5. Section
53G-10-804
is enacted to read:
53G-10-804
. Retaliation against employees -- Data privacy.
(1)
An LEA may not retaliate against an individual the LEA employs for refusing to
remove material in a school library collection that are the subject of a request for
reconsideration under Section
53G-10-803
before an LEA reviews the material in
accordance with the reconsideration policy described in Section
53G-10-803
.
(2)
An LEA may not:
(a)
require a school's digital resource provider to track individual users via a school's
digital resources; or
(b)
curate digital resources or resources on an individual, student level.
Section 6.
Effective Date.
This bill takes effect on
July 1, 2026
.
2-5-26 8:23 AM